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2021 Supreme(Bom) 1420

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
R.N. Laddha, J.
Madhuri - Appellant
Versus
State Of Maharashtra & Ors. - Respondents
Writ Petition (Stamp) No. 29896 of 2021
Decided On : 02-11-2021

Advocates appeared:
K.N.Shermale, Advocate, S.N.Kendre, Advocate, V.H.Dighe, Advocate

The central legal point established in the judgment is the invocation of Article 226 of the Constitution of India for quashing the order rejecting the nomination form.

Headnote:

Article 226 - Quashing of Order - The petitioner invoked Article 226 of the Constitution of India to quash the order rejecting the nomination form.

Fact of the Case:

The petitioner sought to quash the order rejecting their nomination form, and subsequently appealed to the Divisional Joint Registrar, Co-operative Societies, Nashik Division, Nashik.

Finding of the Court:

The court granted leave to delete respondent no.4 and issued notice to the respondents, returnable on a specified date.

Issues: The issues involved the rejection of the nomination form and the subsequent appeal process.

Ratio Decidendi: The court's decision was influenced by the invocation of Article 226 of the Constitution of India and the subsequent appeal process.

Final Decision: The court granted leave to delete respondent no.4 and issued notice to the respondents, returnable on a specified date.

JUDGMENT

R.N. Laddha, J. - Learned counsel for the petitioner seeks leave to delete respondent no.4. Leave granted.

2. The petitioner has approached this Court by invoking Article 226 of the Constitution of India for the appropriate writ, order or direction, quashing and setting aside the order dated 20.10.2021 by which the Returning Officer rejected the nomination form of the petitioner.

3. Learned counsel for the petitioner submits that the petitioner, then, approached the Divisional Joint Registrar, Co-operative Societies, Nashik Division, Nashik by way of an appeal, however, on 27.10.2021, the appeal is also dismissed.

4. Issue notice to the respondents, returnable on 5. 11.2021.

5. Learned AGP waives notice for respondent nos.1 and 2. Mr.V.H.Dighe, learned counsel waives notice for respondent nos.3 and 5.

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